1-1 By: Brown S.B. No. 551
1-2 (In the Senate - Filed February 12, 1997; February 17, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 4, 1997, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the exemption of certain persons from jury service.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 62.106, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 62.106. EXEMPTION FROM JURY SERVICE. A person
1-13 qualified to serve as a petit juror may establish an exemption from
1-14 jury service if the person [he]:
1-15 (1) is over 70 [65] years of age;
1-16 (2) has legal custody of a child or children younger
1-17 than 10 years of age and the person's [his] service on the jury
1-18 requires leaving the child or children without adequate
1-19 supervision;
1-20 (3) is a student of a public or private secondary
1-21 school;
1-22 (4) is a person enrolled and in actual attendance at
1-23 an institution of higher education;
1-24 (5) is an officer or an employee of the senate, the
1-25 house of representatives, or any department, commission, board,
1-26 office, or other agency in the legislative branch of state
1-27 government;
1-28 (6) is summoned for service in a county with a
1-29 population of at least 200,000, unless that county uses a jury plan
1-30 under Section 62.011 and the period authorized under Section
1-31 62.011(b)(5) [62.011(b)(6)] exceeds two years, and the person [he]
1-32 has served as a petit juror in the county during the 24-month
1-33 period preceding the date the person [he] is to appear for jury
1-34 service; or
1-35 (7) is the primary caretaker of a person who is an
1-36 invalid unable to care for himself.
1-37 SECTION 2. Subsection (c), Section 62.107, Government Code,
1-38 is amended to read as follows:
1-39 (c) A person who files a statement with a clerk of the
1-40 court, as provided by Subsection (a), claiming an exemption because
1-41 the person [he] is over 70 [65] years of age, may also claim the
1-42 permanent exemption on that ground authorized by Section 62.108 by
1-43 including in the statement filed with the clerk a declaration that
1-44 the person [he] desires the permanent exemption. Promptly after a
1-45 statement claiming a permanent exemption on the basis of age is
1-46 filed, the clerk of the court with whom it is filed shall have a
1-47 copy delivered to the county tax assessor-collector.
1-48 SECTION 3. Section 62.108, Government Code, is amended to
1-49 read as follows:
1-50 Sec. 62.108. PERMANENT EXEMPTION FOR ELDERLY. (a) A person
1-51 who is entitled to exemption from jury service because the person
1-52 [he] is over 70 [65] years of age may establish a permanent
1-53 exemption on that ground as provided by this section or Section
1-54 62.107.
1-55 (b) A person may claim a permanent exemption:
1-56 (1) by filing with the county tax assessor-collector,
1-57 by mail or personal delivery, a signed statement affirming that the
1-58 person [he] is over 70 [65] years of age and desires a permanent
1-59 exemption on that ground; or
1-60 (2) in the manner provided by Section 62.107(c).
1-61 (c) The county tax assessor-collector shall maintain a
1-62 current register indicating the name of each person who has claimed
1-63 and is entitled to a permanent exemption from jury service because
1-64 the person [he] is over 70 [65] years of age.
2-1 (d) The name of a person on the register of persons
2-2 permanently exempt from jury service may not be placed in the jury
2-3 wheel or otherwise used in preparing the record of names from which
2-4 a jury is selected.
2-5 (e) A person who has claimed a permanent exemption from jury
2-6 service because the person [he] is over 70 [65] years of age may
2-7 rescind the exemption at any time by filing a signed request for
2-8 the rescission with the county tax assessor-collector. Rescission
2-9 of a permanent exemption does not affect the [person's] right of a
2-10 person who is over 70 years of age to claim permanent exemption at
2-11 a later time.
2-12 SECTION 4. This Act takes effect September 1, 1997, and
2-13 applies only to an exemption from jury service for persons summoned
2-14 to appear for service who are summoned on or after that date. An
2-15 exemption from jury service for persons summoned to appear for
2-16 service who are summoned before the effective date of this Act is
2-17 covered by the law in effect when the person was summoned, and that
2-18 law is continued in effect for that purpose.
2-19 SECTION 5. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.
2-24 * * * * *